Your employer should report the injury as soon as possible, but no later than seven (7) days after their knowledge. The insurance company must send you an informational brochure within three (3) days after receiving notice from your employer. The brochure will explain your rights and responsibilities, as well as provide additional information about the workers’ compensation law. A copy of the brochure can be viewed on this website under “Publications”.

That depends on your injury. The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury. If you are not satisfied with the physician, you may seek a one-time change.

No, all authorized medical bills should be submitted by the medical provider to your employer’s insurance company for payment. Should you receive bills from a medical provider that is aware of your claim being workers’ compensation, you may have an action against them under the Florida Consumer Collection Practices Act for up to $1,000.00 in statutory damages.

The amount of your payment depends on your average weekly wage and your work status. If you are temporarily totally disabled (“TTD”), your benefit check, which is paid bi-weekly, will be 66 2/3 percent of your average weekly wage. If you were injured on or after October 1, 2003, your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured. If you worked less than 75% of the 13 week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full time weekly wage shall be used.

You should receive the first check within 21 days after reporting your injury to your employer. If you are not paid within 7 days of when the payment is due, you may be entitled to penalties and interest.

Unfortunately, the Legislature has taken the classification previously known as “permanent partial disability” out of the current law. Therefore, the only options are to seek reemployment services to help you return to work or file for permanent total disability benefits.

In general, there is a two (2) year statute of limitations for filing a Petition for Benefits. However, the statute of limitations is tolled for one year from the time you receive any medical treatment or indemnity benefit. If your claim has been denied based upon a statute of limitations defense, you should contact The Benenati Law Firm immediately as we have been successful in having statute of limitations defenses defeated. However, the longer you wait, the stronger the defense will become. For accident dates after January 1, 1994 the statute of limitations is tolled for one (1) year from the date of your last medical treatment or payment of compensation.

If you have settled your claim, you will be responsible for your future medical needs. That is one reason it is important to hire an experienced workers’ compensation attorney. Then you can make sure your future medical needs have been considered in reaching any settlement.

In Florida, an injured worker has the right to select a pharmacy or pharmacist. Florida law prohibits interference with your right to choose a pharmacy or pharmacist. However, a pharmacy is not required to participate in the workers’ compensation program. If at any time, you become dissatisfied with your pharmacy or pharmacist’s services, you can seek another pharmacy to fill your prescriptions.

Free Initial Consultation

Whether you have suffered a serious injury because of another’s negligence, or you are suffocating under mountains of debt, a consultation with the Benenati Law Firm may prove to be extremely advantageous. We encourage you to call our offices today at 407-777-7777, or fill out our online form to request your free, no-obligation, and completely confidential case consultation. If you are unable to travel to our location during our office hours, we offer after-hours and home visits for your convenience, too.